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III. COMMENTS -COMPLIANCE <br /> Below are comments on the inspection. The comments include discussion of observations made <br /> during the inspection. Comments also describe any enforcement actions taken during the inspection <br /> and the facts or evidence supporting the enforcement action. <br /> This was a Complete Inspection of the New Horizon Mine conducted by Marcia Talvitie of the Colorado <br /> DRMS beginning at 1:40 p.m. on Monday, 16 November 2009. Tom Fry represented the operator, <br /> Western Fuels - Colorado, and was present throughout the entire inspection. Skies were clear and the <br /> temperature was cool. The area had been hit by a storm during the previous weekend, which <br /> delivered rain and some snow. <br /> Permitting (Newt <br /> • Permit Revision No. 6 (PR-06) was received by the Division on the 12th of November. <br /> Availability of Records <br /> • Records were available at the mine office for review. A completed DRMS Availability of Records <br /> form is attached to this report. <br /> Signs and Markers <br /> • Topsoil stockpiles on the Morgan property and at Ponds 011, 012 and 013 were posted with <br /> identifying signs. <br /> Roads <br /> • Roads were wet to muddy throughout the permit area. <br /> BB Road Detour <br /> • The BB Road Detour ("Detour") was designed and constructed to carry vehicular traffic around the <br /> northeastern perimeter of the permit area while mining operations disrupted the original alignments <br /> of BB Road and 2700 Road. Design details for the Detour are illustrated on permit Maps 2.05.3(3) -9 <br /> and -10. <br /> • In addition to thru-traffic, the detour has provided access to the CCC West Lateral Ditch diversion <br /> box. Access to the box will continue to be necessary following reclamation of the Detour. <br /> • Reconstruction of BB Road east of 2700 Road occurred in 2008. The southernmost portion of the <br /> Detour (Station 0+00 to -6+50) was reclaimed as part of that project, and the traveling public now <br /> utilizes BB Road and 2700 Road. The Detour has been gated and locked, to prevent public access. <br /> • A contractor has been hired to reclaim approximately '/2 mile of the Detour that is located on the <br /> parcel owned by Dirk Richards (Station - 6+50 to -32+70). Reclamation work was well under way at <br /> the time of the inspection. <br /> • The road surface had been removed, and embankment and topsoil stockpiles located north of BB <br /> Road and west of the Detour had been graded across the Detour alignment (Figure 1). A narrower <br /> roadway, which will provide access to the West Lateral box, had been graded in, hugging the <br /> eastern boundary fence of the Richards property. <br /> • Reclamation of the northern leg of the Detour has involved the retrieval of numerous large <br /> sandstone boulders that had been displaced during construction of the Detour. Because of the <br /> relatively steep nature of the terrain being reclaimed, the contractor has used these boulders to <br /> create a series of terraces along the Detour alignment (Figure 2). The intent of these terraces is to <br /> slow the velocity of any flow across the reclaimed area and prevent erosion from occurring. <br /> • We did not inspect the entire length of the Detour reclamation project. For the portions of the <br /> project that were viewed, it appeared that the contractor had taken care to blend the edges of <br /> reclaimed surfaces into the undisturbed adjacent ground (Figure 3). <br /> New Horizon Mine C-1981-008 16-Nov-2009 <br /> -1- <br />